37It is settled case-law that, where an EU regulation does not specifically provide any penalty for an infringement of that regulation or refers for that purpose to national laws, regulations and administrative provisions, Article 10 EC requires the Member States to take all measures necessary to guarantee the application and effectiveness of EU law. For that purpose, whilst the choice of penalties remains within their discretion, they must ensure in particular that infringements of EU law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty proportionate (see, by analogy, judgment of 10 July 1990, Hansen, C‑326/88, EU:C:1990:291, paragraph 17).
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